Score: -2 (9/10/11)

El Dorado County Grand Jury • 2023-2024

EL Dorado County

Published: August 04, 2023 26 pages

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⚠️ Aviso de traducción: Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.

⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.

Findings and Recommendations 11 findings

– In 2023 there were three arrests of local school employees for sexual acts toward our students. This is three too many.

Related Recommendations (1)

- EDCOE should implement enhanced and more stringent background check processes, including character checks for all applicants who might, or do work around, or with students to prevent sexual predators from being hired. This should begin

- EDCOE has policies and procedures in place that follow the California Education Code and National Laws regarding background checks of applicants.

Related Recommendations (1)

– EDCOE should ensure all employees complete state required sexual harassment prevention training by September 30, 2024. Local school districts should ensure the training is completed by all employees every two years and records are tracked.

– EDCOE screening and background checks, while in compliance with these laws, are inadequate to prevent the hiring of sexual predators.

Related Recommendations (1)

– EDCOE should work with the employee unions to revise their bargaining agreements to permit schools to automate tracking on all buses and monitor bus drivers’ locations during transportation of students. This should be completed

– EDCOE’s job application asks applicants and references about past release from employment for misconduct.

Related Recommendations (1)

– EDCOE should work with the employee unions to revise their bargaining agreements to permit schools to install cameras that have monitoring capability on all buses. A designated staff person or automation should monitor the locations of buses during transportation of students.

– County school districts have entered into non-disclosure agreements with terminated or resigned employees who allegedly exhibited inappropriate behavior toward others.

Related Recommendations (1)

- EDCOE should develop and implement policies and procedures that require supervisors and managers to closely monitor classified staff while working around students. If necessary, they should hire additional staff to achieve this goal. This should be done

- EDCOE provides inconsistent sexual harassment prevention training to classified staff.

Related Recommendations (1)

– EDCOE should implement sexual harassment prevention training for all students, including how to recognize and report it. This training should begin in kindergarten. EDCOE should offer parents the option to opt out. This should begin by March 31, 2025. RECOMMENDATIONS

– It is unclear when or if the County school districts provide student training on recognizing sexual harassment and how to report it.

Related Recommendations (1)

– EDCOE should implement a ‘buddy system’, or other means, for all students when traveling on school campus during class times.

– EDCOE bus drivers are not monitored during transportation of students due to their collective bargaining agreement restrictions.

Related Recommendations (1)

- EDCOE and County school districts should bring their Title IX website requirements up to date

- EDCOE and County school district websites are out of compliance with Title IX requirements. FINDINGS

Related Recommendations (1)

– EDCOE should provide all classified staff with radio transmitters to enable contact with their supervisor while working on campus. EDCOE should also provide all classified staff with body cameras and make their use a condition of employment.

F10

- Classified staff at EDCOE lack close supervision and are outside alone on campus around students on a regular basis, increasing the risk of sexual misconduct.

Related Recommendations (1)

R10

- EDCOE should work with their MOU Law Enforcement partners to expand the MOU to address sexual misconduct by both students and school employees.

F11

- EDCOE Law Enforcement MOU appears to be an excellent collaboration effort but does not adequately address sexual misconduct by both students and school employees.

Related Recommendations (1)

R11

- EDCOE should consider installing cameras in school hallways and classrooms so that no student or child is alone.

Additional Recommendations 1

These recommendations are not explicitly linked to specific findings.

R12

- EDCOE should abolish the practice of allowing employees to resign and enter into a settlement agreement or enter into a non-disclosure agreement to avoid prosecution or public awareness of their inappropriate/illegal behavior.

Conclusions 1

CL1 Page 19

Too many students were victims of sexual harassment/assault at County schools in 2023. Though County schools may take the required precautions to prevent hiring sexual perpetrators, the requirements are not enough. The Grand Jury believes EDCOE and County school districts should go above and beyond to prevent students from falling victim to these crimes. EDCOE should closely monitor classified employees on campus, as well as bus arrivals and departures. EDCOE should provide enhanced reference checks, such as obtaining high school or college records, and conduct personal character and professional reference checks for all job applicants who might have contact with students. If there has been a gap in employment, they should ask why and then confirm the reasons for the gap. EDCOE and all school districts should improve their Title IX information on all websites and at their school offices to bring

Agency Responses 4

Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.

El Dorado County Office of Education (EDCOE)(PDF, 220KB)

July 12, 2024 • 6 pages • 22 responses • Score: -4 (+5, 8, -9) View Details ▾

PDF

22 responses to findings and recommendations

– In 2023 there were three arrests of local school employees for sexual acts toward our students. This is three too many.

Response: Agree Score: +1

We agree with this finding.

- EDCOE has policies and procedures in place that follow the California Education Code and National Laws regarding background checks of applicants.

Response: Agree Score: +1

We agree with this finding.

Response: Implemented

Score: 0

This recommendation is already in place. In accordance with California Government Code section 12950.1, EDCOE provides the required sexual harassment prevention training to all employees.

– EDCOE screening and background checks, while in compliance with these laws, are inadequate to prevent the hiring of sexual predators.

Response: Disagree Partially Score: 0

We partially disagree with this finding. EDCOE's hiring and background check protocols comply with all state and federal legal requirements.

Response: Will Implement

Due: March 31, 2025 Scheduled: 2024-2025 school year Score: +1

This recommendation is already underway. EDCOE buses are equipped with radios with GPS tracking for EDCOE employees. EDCOE will further address this issue with the applicable bargaining units during the 2024-2025 school year.

– EDCOE’s job application asks applicants and references about past release from employment for misconduct.

Response: Disagree Partially Score: 0

We partially agree with this finding. EDCOE's application requests that the applicant to state whether the applicant has ever been dismissed or asked to resign and provides an opportunity for the applicant to explain the circumstances.

Response: Will Implement

Scheduled: Further address with bargaining units during 2024-2025 school year Score: +1

We have implemented and plan to further implement this recommendation. After collective bargaining negotiations, in February 2023, EDCOE installed cameras on some vehicles as part of a pilot program.

– County school districts have entered into non-disclosure agreements with terminated or resigned employees who allegedly exhibited inappropriate behavior toward others.

Response: Disagree Score: -1

We disagree with this finding. EDCOE lacks the knowledge regarding whether school districts within the county that are operated independently from EDCOE have engaged in the acts described by this finding.

Response: Requires Analysis

Due: March 31, 2025 Scheduled: 2024-2025 school year Score: 0

We require further analysis of this recommendation. EDCOE will further address this issue with the applicable bargaining units during the 2024-2025 school year.

- EDCOE provides inconsistent sexual harassment prevention training to classified staff.

Response: Disagree Score: -1

We disagree with this finding. EDCOE provides sexual harassment prevention training that satisfies state and federal legal obligations and informs employees regarding their responsibilities.

Response: Requires Analysis

Score: 0

We require further analysis of this recommendation. Generally, a student in grades K-3 cannot be suspended or expelled for sexual harassment.

– It is unclear when or if the County school districts provide student training on recognizing sexual harassment and how to report it.

Response: Disagree Score: -1

– EDCOE should implement a ‘buddy system’, or other means, for all students when traveling on school campus during class times.

Response: Will Not Implement

Score: -1

We are unable to implement this recommendation. The diverse range of students served by EDCOE would make implementing such a system impractical and likely impossible.

– EDCOE bus drivers are not monitored during transportation of students due to their collective bargaining agreement restrictions.

Response: Disagree Score: -1

We disagree with this finding. EDCOE remains in communication with all bus drivers via radio. Additionally, each bus radio is equipped with GPS.

- EDCOE and County school districts should bring their Title IX website requirements up to date

Response: Implemented

Score: 0

We have already implemented this recommendation for EDCOE. EDCOE does not have any authority to require independently operated school districts to undertake any specific actions regarding their website content.

- EDCOE and County school district websites are out of compliance with Title IX requirements. FINDINGS

Response: Disagree Score: -1

We disagree with this finding. EDCOE's website complies with Title IX requirements.

Response: Will Not Implement

Score: -1

We are unable to implement this recommendation and are unclear as to the scope of what is being proposed. EDCOE staff working on campuses currently have many different means of communicating with their supervisors.

F10

- Classified staff at EDCOE lack close supervision and are outside alone on campus around students on a regular basis, increasing the risk of sexual misconduct.

Response: Disagree Score: -1

We disagree with this finding. EDCOE maintains supervision of its employees during the performance of their job duties.

R10

- EDCOE should work with their MOU Law Enforcement partners to expand the MOU to address sexual misconduct by both students and school employees.

Response: Will Implement

Score: +1

We plan to implement this recommendation. EDCOE will discuss the possibility of expanding the MOU with the various signatories to the agreement.

F11

- EDCOE Law Enforcement MOU appears to be an excellent collaboration effort but does not adequately address sexual misconduct by both students and school employees.

Response: Disagree Partially Score: 0

We partially disagree with this finding. EDCOE works collaboratively with local law enforcement regarding any conduct that may be considered criminal, whether or not it is described in the MOU.

R11

- EDCOE should consider installing cameras in school hallways and classrooms so that no student or child is alone.

Response: Requires Analysis

Score: 0

We require further analysis of this recommendation.

R12

- EDCOE should abolish the practice of allowing employees to resign and enter into a settlement agreement or enter into a non-disclosure agreement to avoid prosecution or public awareness of their inappropriate/illegal behavior.

Response: Will Not Implement

Score: -1

We will not implement this recommendation. Settlement agreements with employees subject to dismissal who are entitled to an evidentiary hearing may be the only guaranteed method of ensuring that the employee leaves the organization.

Indian Diggings Elementary School District(PDF, 206KB)

July 16, 2024 • 2 pages • 3 responses • Score: -2 (+0, 1, -2) View Details ▾

PDF

3 responses to findings and recommendations

– It is unclear when or if the County school districts provide student training on recognizing sexual harassment and how to report it.

Response: Disagree Score: -1

We disagree with this finding. The IDESD provides age appropriate training to students. Generally, a student in grades K-3 cannot be suspended or expelled for sexual harassment. (See Cal. Educ. Code § 48900.2). Students in grades 7-8 receive instruction regarding "sexual harassment, sexual assault, sexual abuse, and human trafficking." (See Cal. Educ. Code 51934.)

- EDCOE and County school districts should bring their Title IX website requirements up to date

Response: Requires Analysis

Due: December 31, 2024 Scheduled: Further analysis required regarding supportive services information. Score: 0

IDESD's website complies with Title IX requirements. We will require further analysis of the addition of information regarding supportive services.

- EDCOE and County school district websites are out of compliance with Title IX requirements. FINDINGS

Response: Disagree Score: -1

We disagree with this finding. IDESD's website complies with Title IX requirements.

Mother Lode Union School District(PDF, 56KB)

July 26, 2024 • 2 pages • 23 responses • Score: +2 (+2, 1, 0) View Details ▾

PDF

23 responses to findings and recommendations

– In 2023 there were three arrests of local school employees for sexual acts toward our students. This is three too many.

Response: Unknown Score: 0

Response: Unknown

Score: 0

- EDCOE has policies and procedures in place that follow the California Education Code and National Laws regarding background checks of applicants.

Response: Unknown Score: 0

Response: Unknown

Score: 0

– EDCOE screening and background checks, while in compliance with these laws, are inadequate to prevent the hiring of sexual predators.

Response: Unknown Score: 0

Response: Unknown

Score: 0

– EDCOE’s job application asks applicants and references about past release from employment for misconduct.

Response: Unknown Score: 0

Response: Unknown

Score: 0

– County school districts have entered into non-disclosure agreements with terminated or resigned employees who allegedly exhibited inappropriate behavior toward others.

Response: Unknown Score: 0

Response: Unknown

Score: 0

- EDCOE provides inconsistent sexual harassment prevention training to classified staff.

Response: Unknown Score: 0

Response: Unknown

Score: 0

– It is unclear when or if the County school districts provide student training on recognizing sexual harassment and how to report it.

Response: Disagree Partially Score: 0

We are an elementary school district serving Transitional Kindergarten to Eighth grade students, therefore, student training on recognizing sexual harassment varies based on the age of the student.

– EDCOE should implement a ‘buddy system’, or other means, for all students when traveling on school campus during class times.

Response: Unknown

Score: 0

– EDCOE bus drivers are not monitored during transportation of students due to their collective bargaining agreement restrictions.

Response: Unknown Score: 0

- EDCOE and County school districts should bring their Title IX website requirements up to date

Response: Will Implement

Due: December 31, 2024 Scheduled: Training in fall 2024, followed by website updates prior to end of 2024. Score: +1

Following this training all required documents will be placed on an easy to find menu at the Mother Lode Union School District Website. This will take place prior to the end of the 2024 calendar year as recommended.

- EDCOE and County school district websites are out of compliance with Title IX requirements. FINDINGS

Response: Agree Score: +1

The Mother Lode Union School District does agree with this finding.

Response: Unknown

Score: 0

F10

- Classified staff at EDCOE lack close supervision and are outside alone on campus around students on a regular basis, increasing the risk of sexual misconduct.

Response: Unknown Score: 0

R10

- EDCOE should work with their MOU Law Enforcement partners to expand the MOU to address sexual misconduct by both students and school employees.

Response: Unknown

Score: 0

F11

- EDCOE Law Enforcement MOU appears to be an excellent collaboration effort but does not adequately address sexual misconduct by both students and school employees.

Response: Unknown Score: 0

R11

- EDCOE should consider installing cameras in school hallways and classrooms so that no student or child is alone.

Response: Unknown

Score: 0

R12

Response: Unknown

Score: 0

Rescue Union School District(PDF, 51KB)

May 31, 2024 • 2 pages • 3 responses • Score: +2 (+2, 0, 0) View Details ▾

PDF

3 responses to findings and recommendations

– It is unclear when or if the County school districts provide student training on recognizing sexual harassment and how to report it.

Response: Agree Score: +1

Rescue Union School District responds to the finding as follows: Rescue Union School District does not provide student training on recognizing sexual harassment and how to report it. Rescue Union School District does require all staff to complete annual Sexual Harassment Training and Adult Sexual Misconduct Training. Staff then act as a resource to students who share they are feeling sexually harassed. Additionally, all students can report sexual harassment to any adult on campus and are taught how to submit an anonymous "tip" via our We Tip App that is on our school and district websites and ...

- EDCOE and County school districts should bring their Title IX website requirements up to date

Response: Unknown

Score: 0

- EDCOE and County school district websites are out of compliance with Title IX requirements. FINDINGS

Response: Agree Score: +1

No Responses Found 13

Government entities assigned to respond to this report. No response documents have been linked in our database.

Black Oak Mine Unified School District School District

Buckeye Union Elementary School District School District

Camino Union Elementary School District School District

El Dorado County Board of Supervisors Elected County Office

El Dorado Union High School District School District

Gold Oak Union Elementary School District School District

Gold Trail Union Elementary School District School District

Lake Tahoe Unified School District School District

Latrobe Elementary School District School District

Pioneer Union Elementary School District School District

Placerville Union Elementary School District School District

Pollock Pines Elementary School District School District

Silver Fork Elementary School District School District